If you are a construction worker who has been injured on the job, you may be entitled to financial compensation for your injuries. The question is whether you can sue someone or whether you are required to file a workers’ compensation claim. When you hire an experienced construction accident lawyer, they will undertake an immediate investigation to help you determine your legal options. The family at Inzina Law Firm Injury Attorneys will get to work right away on your case to assist you in maximizing your compensation.
Construction Site Injuries Are Common and Often Fatal
According to the Bureau of Labor Statistics (BLS), the construction field is the single most dangerous way to earn a living in the United States. One in every 10,000 workers will lose their lives in a construction accident in a given year. The construction industry accounts for over 20% of work-related deaths among U.S. employees. BLS also reports that roughly 150,000 construction workers are injured each year, which may not even account for work-related illnesses.
The most serious construction accident injuries have been dubbed the “Fatal Four.” This category includes:
- Falls: Workers may trip or may fall from scaffolding or other structures that are not properly secured.
- Struck By: Workers can be struck by debris, equipment, or other falling objects at a work site.
- Electrocutions: Buried utilities or flawed wiring can cause severe injuries and burns.
- Caught Between: Construction workers may be caught in collapses or trapped between two objects.
Construction accidents are almost entirely preventable. If you have been injured in an accident, chances are that there was someone to blame for it. Even if you were at fault, you may still be able to qualify for workers’ compensation benefits.
What Are the Most Common Construction Site Violations?
Employers are legally obligated to follow national and state safety standards at job sites. They can be the subject of enforcement actions when they fail to follow the rules. From your standpoint, you should report any and all violations to the authorities. Common construction site violations include:
- Failure to provide workers with personal protective equipment
- Failure to provide workers with adequate fall protection
- Not properly training employees for their duties
- Failure to use safe equipment that is kept in proper working order
- Not keeping walking paths clear of debris and equipment
- Exposing workers to hazardous chemicals and substances
Who May Be Liable for My Damages After a Construction Accident?
It is uncommon for you to be allowed to sue your employer in a negligence-based lawsuit when you have been injured at work. Your employer has purchased workers’ compensation insurance, and it is usually the exclusive remedy. However, you may be able to sue your employer if there was an egregious or intentional action that injured you. For example, if your employer knowingly sent you into danger or expressly refused to provide you with personal protective equipment, you may be able to file a lawsuit.
More often, you are looking for a third party who is not your employer and may potentially be at fault for your injuries. Potentially responsible third parties may include:
- A third-party contractor or subcontractor also working at the job site
- The manufacturer of defective work equipment that injured you
- An outside party who exposed you to toxic chemicals or substances
- Drivers or vehicles that struck you in an accident
- The owner of the building or property
- An engineer or architect who designed a building or structure
If you are not able to file a third-party lawsuit, you can still file a workers’ compensation claim.
Since negligence-based lawsuits result in more compensation if you win, your attorney would always review your case to determine whether you may be able to sue someone.
What Steps Should You Take After a Construction Accident?
If you have been injured in a construction accident, there are steps you need to take to put you in the best possible position from both a health and legal standpoint. First, you need to see a doctor who can diagnose and treat your injuries immediately. Not only is your health crucial, but you also need prompt treatment to bolster your legal case. The doctor will create treatment notes and give you a diagnosis that can be used as a basis for your lawsuit.
You need to contact an experienced attorney to handle your legal case. You cannot count on others to investigate what happened. They do not have the legal expertise nor are they concerned with your potential maximum financial compensation. Your attorney will immediately get to work to learn the cause of your construction accident and advise you of your legal options, including the possibility of filing a lawsuit.
Damages in a Lafayette Construction Accident Lawsuit
If you can prove that someone else should be held legally responsible for your injuries, they take on an obligation to pay you for the full extent of your damages. Your damages are far more than the direct financial and economic losses that you have suffered, which can already be considerable. You are entitled to be paid for every possible effect of the accident, whether it was physical or emotional.
Construction accident damages can include:
- Medical expenses
- Lost wages
- Pain and suffering
- Loss of enjoyment of life
- Scarring and disfigurement
- Embarrassment and humiliation
If a loved one died in a construction accident, your family can file a wrongful death lawsuit under Louisiana law. As with any other personal injury case, you would need to prove that someone else was negligent to win the case.
Time Limits for a Lafayette Construction Accident Lawsuit
Louisiana law provides for a very short time to file a lawsuit. You only have one year from the time that you were injured or should have known that you were injured to file a claim. If you miss this deadline, you would lose the right to sue entirely. Your lawyer would need enough time to investigate the accident to gather proof that can help your claim survive motions to dismiss in court. If you have not already contacted a lawyer, it is vital that you do so today.
Contact a Lafayette Construction Accident Lawyer
When you need a hard-hitting and experienced construction accident lawyer in Lafayette, reach out to Inzina Law Injury Attorneys. The first step is to schedule a free initial consultation. You can send a message to us online or call today at 337-243-1237. You pay nothing unless you win.